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(영문) 광주지방법원 2017.01.25 2016고합436
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Victims C (n, 197 May 199, 19, 19) are persons with disabilities of Grade II intellectual disability.

On July 6, 2016, the Defendant, at around 21:40, called "F" in the name of "F," located in Gwangju Northern-gu, Gwangju, to the effect that "I am on the side of the victim," and took charge of the victim's left hand with the Defendant's hand, and then again, "I am indecent act in this case" to the effect that "I am on the left side of the victim's hand," and the Defendant am the victim's shoulder with the victim's hand.

Accordingly, the defendant committed indecent act on a person with a mental disability.

Summary of Evidence

1. The defendant's legal statement (the date of the second public trial shall be the date);

1. Application of the police statement protocol law to C

1. Relevant Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant has no criminal record of a sexual crime; the motive and method of committing the crime in this case; the character, conduct and environment, etc. of the defendant; etc. of the defendant; the degree and expected side effects of the disadvantage and side effects of the defendant's injury due to the disclosure order or notification order; and the effects of preventing sexual crimes subject to registration and protecting the victim from the sexual crimes subject to registration, there are special circumstances in which the defendant may not disclose or notify personal information.

[Judgment] Grounds for sentencing

1. Legal provisions;

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